Introduction

Access to, use of, placing of an order, linking to the Flipdish Platform, use of software or downloading software ("access") is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Flipdish Platform (“Terms of use”).

Your Access to the Flipdish Platform constitutes your agreement to be bound by the Terms of Use. We reserve the right to amend the Terms of Use at any time. Your continued use of the Flipdish Platform will mean that you agree to the amended Terms of Use.

The Terms of Use of the Flipdish Platform do not affect your statutory rights as a consumer.

"You", "Your", “User” means the person using this Flipdish Platform and subject to these Terms of Use.

"Flipdish", "We", "Us", or "Our" means Flipdish which is the the trading name for FLIPDISH LIMITEDan Irish company registered in Ireland under company number 555703 and having its registered offices at Parkfield House, Mount Anville Road, Goatstown, Dublin 14

Flipdish may update or revise this Agreement, including any Flipdish Policies, from time to time. You agree that you will review this Agreement periodically and that your continued use of the the Flipdish service demonstrates your acceptance of the updated terms.

Our Purpose

We provide a way for you to communicate your orders ("Orders") for products ("Products") to delivery or takeaway restaurants ("Restaurants") displayed on the Flipdish Platform (this also includes the “website”).

The purpose of this Flipdish Platform is to provide a simple, convenient and cost-effective service to users, linking them to restaurants in their area that offer food for delivery or collection. Interactive menus allow customers to build and submit orders.

We also provide products and services to restaurants and other hospitality related businesses to help them market and manage their business.

Limitation of Liability

To the extent permitted by law, Flipdish provides this Flipdish Platform and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this Flipdish Platform, or that it will be timely or error-free, that defects will be corrected, or that the Flipdish Platform or server that makes it available are free of viruses or other harmful components.

Subject to the previous paragraph, neither Flipdish nor Flipdish directors, officers, agents, employees or contractors shall have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use this Flipdish Platform.

We will not be held responsible for the food, drink or product delivered by partner restaurants. We are an intermediary that helps users to communicate their orders. We hold no responsibility for errors made leading to personal harm, injury, allergic reactions, or death. As much as we try to ensure that our partner restaurants maintain the highest standards possible, the nature of our business means that we cannot be held responsible for the quality of the product. This is the sole responsibility of the individual restaurants. Nothing in these terms shall exclude or limits liability for death or personal injury resulting from our negligence or that of our agents or employees.

Intellectual Property

You may not republish, display, modify, broadcast, print, copy, reproduce, download, transmit or re-use the materials from this Flipdish Platform for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of the copyright holder.

All copyright, trademarks and other intellectual property rights in this Flipdish Platform and its content (including without limitation the Flipdish Platform design, text, graphics, logos, icons, images and all software, databases and source code connected with the Flipdish Platform) are owned by or licensed to Flipdish or otherwise used by Flipdish as permitted by law.

Flipdish is a trade mark of Flipdish Ltd. Trading as Flipdish.

Indemnity

You must indemnify and hold harmless Flipdish, its directors, officers, employees, agents, vendors, advertisers, partners and suppliers and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from your Access to and use of this Flipdish Platform, any breach or violation of the Terms of Use of this Flipdish Platform or your violation of any law or your violation of the rights of any third party.

Availability

This Flipdish Platform may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavour to notify customers in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.

Use of data

You must read and understand the Privacy Policy before continuing to use the Flipdish platform.

Should you enter your credit card details, these details are stored securely with Stripe.
Neither the Store nor Flipdish have access to your credit card number, with the exception of the last 4 digits of your card number and expiry date which is used to identify cards and orders.
Flipdish manages the online ordering platform of hundreds of stores and restaurants.
To ensure an optimal user experience, Flipdish do not require you to enter your details
(such as name, address, payment information etc) separately for every store or restaurant that you order from. Instead,
Flipdish securely stores this data and allows you to share it with a store or restaurant by placing an order with that store or restaurant.
Flipdish does not share your ordering history across stores or restaurants. To allow identification of the card used to pay for an order,
the last 4 digits of the credit card used to pay for the order will be shared with the Store. Your mobile phone number, name and address
will also be shared with the Store should you place an order with the Store. Your mobile phone number and name and email address (where available) will be shared with the Store should you log in to their website or app. Depending on your device and settings your location and IP address will also be shared with the Store.
By using the Flipdish platform you agree to allow Flipdish to share your data with the Store in this mannor.

Third Party Sites

This Flipdish Platform may contain links to other websites. Those websites are not under the control of Flipdish and we are not responsible for the practices, content or availability of such websites. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site. We provide the links as a convenience only. If you decide to access linked third party websites, you do so at your own risk, and we will not be held responsible or liable for any loss or damages caused by use of or reliance on any contents, goods or services available on such websites.

You may provide a non-framed link to this Flipdish Platform or website from any other business or service website but not in any way which gives the impression that we are associated with or have approved such other site, unless expressly agreed to by ourselves in writing.

Limitations of Use

This Flipdish Platform is intended to be accessed by persons located in the Ireland and we make no representation that any information, materials or functions included in this Flipdish Platform are appropriate for use in any other jurisdiction.

By using this Flipdish Platform, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the Flipdish Platform or by contacting us at [email protected]

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

To use our service you must be over 18 years of age.

You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.

You may not use the Flipdish Platform for any unlawful or unauthorised purpose, including without limitation:

1. transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.

2. Interfering with any other persons use or enjoyment of the Flipdish Platform.

3. Damaging, disabling or impairing the operation of this Flipdish Platform or attempting to gain unauthorised access to this Flipdish Platform or to networks connected to it, through hacking, spoofing or other such similar means.

You may not access the services, use the app or website if you are our direct competitor, or an agent of our direct competitor, except with our express prior written consent. In addition, you may not access our services or use the app or website for the purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

User Submissions

We do not solicit nor wish to receive any confidential, proprietary information, creative materials, ideas or suggestions from you other than those we specifically request.

If you do send to us by email or otherwise, any communication or material, you represent and warrant that the information and material is original to you, and you will be deemed to have granted us a perpetual, world-wide, royalty-free license to use such communications or material in any way we see fit and we will be free to use any such material or information contained in communications you send for any purpose whatsoever.

Orders

Flipdish accepts no responsibility or liability for the quality or quantity of any goods delivered by or collected from said third parties. It is the responsibility of the customer to thoroughly check the supplied goods before accepting an order.

All questions regarding goods shown on this Flipdish Platform should be directed to the partner restaurant.

Please note that when we say your order has been ‘confirmed’ within the Flipdish Platform this means that we have acknowledgement of your order, and the restaurant still has the right to decline the order. Acceptance of your order will only occur when we send you an SMS confirming that the restaurant has received and accepted your order. If the restaurant is unable to fulfill your order you will either receive an email/SMS/phone call or other notification stating that your order has been declined.

All food preparation and deliveries are the sole responsibility of the restaurant accepting the order.

Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address and contact telephone number when ordering.

It is your responsibility to keep your phone secure. You agree to be responsible for orders and charges made via your phone and/or via your account. Tips paid on orders with a partner restaurant will be shared equally between the partner restaurant staff and Flipdish.

Communication

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. We reserve the right to contact you at any time via, and not limited to, SMS, push notifications, phone call, email and post for non-marketing purposes. This condition does not affect your statutory rights. We reserve the right to contact you at any time via, and not limited to, SMS, push notifications, phone call, email and post for marketing purposes provided you have consented to such contact. Consent to this may be withdrawn at any time by unchecking the “Receive Promotions” checkbox on the website or app.

Alcohol and Cigarettes

Orders containing either alcohol or cigarettes can not be accepted from persons under the age legal age of purchase in their resident country. You agree to not place orders for any items that are not legal for you to purchase.

Payment

Once your order has been accepted, this represents an agreement between you the user and the restaurant. The restaurant has sole responsibility for this order. Cash payments are made directly to the restaurant fulfilling the order. If you have chosen to pay with credit or debit card or other electronic payment method on the Flipdish Platform then the transaction is processed by Flipdish.

Please ask in store for terms relating to any discounts offered.

Delivery and/or card charges are calculated per order and based on the policy of the individual restaurant.

Prices are subject to change and all goods are subject to availability.

Additional Costs

You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

Cancellation

You have the right to cancel an order up to the point the order is sent to the restaurant. This is normally within 10 seconds from the point at which you placed the order within the Flipdish Platform.

While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.

An order may be subsequently cancelled by a restaurant after you have received a notification stating the order has been accepted. Flipdish and our partner restaurants reserve the right to cancel any order, before or after acceptance, and will notify you of any such cancellation.

Customer Ratings

The ratings shown on the Flipdish Platform are the opinion of customers only. They do not represent our own opinions.

Termination

We reserve the right to decline a new registration, terminate your right to link to the Flipdish Platform, remove you as a user of this Flipdish Platform, and/or prevent any further use if you violate any of the Terms of Use. If we consider there to be a risk of liability or loss to us or our partner restaurants we may take any action deemed necessary to prevent such a liability or loss from occurring.

If we terminate your right to link to the Flipdish Platform you must cease linking to the Flipdish Platform immediately. Any person who holds a suspended or terminated membership must not order from or re-join this Flipdish Platform without our prior written consent. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms.

Please note that we have the ability to trace your IP address, and if necessary, contact your ISP (or any other relevant service provider) in the event of a suspected breach of these Terms of Use.

Enforceability

If any part of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of these Terms of Use.

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

Governing Law

The Terms of Use, Privacy Policy and any matter relating to this Flipdish Platform shall be governed by Irish law and any dispute shall be resolved exclusively in the courts of Ireland.

Contact

All comments, questions and requests relating to your information are welcomed and should be addressed to [email protected]